(a) Generally. All engineering plans and construction of infrastructure in the railroad right-of-way must be approved by the department and the railroad.
(b) Pipeline license agreements. All underground improvements in the railroad right-of-way require pipeline license agreements. The owner of the property to be platted is responsible for securing railroad approval and all costs associated with plan approval, insurance, and construction.
(c) Railroad agreements. All surface improvements in the railroad right-of-way require railroad agreements. The owner of the property to be platted is responsible for securing railroad approval and all costs associated with plan approval, insurance, and construction.
(d) Agreement processing. Both railroad agreements and railroad license agreements are processed in the following manner:
(1) The owner of the property to be platted submits the executed agreement to the director for approval.
(2) Upon approval, all required funding must be submitted to the director, who coordinates the receipt of documents and funding and schedules the items for city council approval.
(3) No improvements are permitted until all agreements are accepted and executed, and all funding has been received by the city.
(4) No improvements may be accepted until receipt and approval of final invoices from the railroad.
(5) The owner is responsible for any shortfall in funding.
(6) The city refunds any remaining funds to the owner should the final cost prove less than the funding supplied by the developer.
(e) No work permitted until agreements complete. Infrastructure work in the railroad right-of-way is not permitted until:
(1) completed agreements have been executed between the city and the property owner;
(2) completed agreements have been executed between the city and the railroad; and
(3) all required funding for the agreements is received by the city.
(f) Payment to railroad. The city shall forward funds received from the owner to the railroad upon acceptance of the improvements by both the director and the railroad, and after receipt and approval of the final invoices from the railroad. The owner is responsible for any additional costs or cost overruns on the work, and the city shall refund any remaining funds to the developer should the final cost be less than the funding supplied by the developer. (Ord. Nos. 20092; 22026; 23384; 23694; 25047; 28073)